Brewer still a nightmare for 'dreamers'

The Dream Act kids should write a collective thank-you note to Gov. Jan Brewer for doing them the tremendous favor of spitting in their faces.

Metaphorically.

She has put their cause back on the national stage.

The governor went out of her way this week to issue a spiteful executive order saying that young people who were brought into the country illegally, and who now qualify for the federal government's "deferred action for childhood arrivals," will not be eligible for any state benefits, including driver's licenses.

The federal program prevents young people from being deported if they were younger than 16 years old when they were brought here, are 30 or younger, have lived in the U.S. since June 15, 2007, and have no felony convictions.

Estimates are that roughly 80,000 Arizona residents would qualify. The program provides safe harbor for two years.

These are the young people who would benefit from the federal Dream Act, which hasn't been passed.

Brewer calls the deferral program "backdoor amnesty."

According to the local American Civil Liberties Union, however, the governor's executive order denying those who qualify for the new federal program a driver's license or in-state tuition might not stand up in court.

The statement by Alessandra Soler, executive director of the ACLU of Arizona, reads:

"This is yet another reason why Arizona has no business trying to regulate immigration matters. Brewer is distorting federal law and inaccurately interpreting state law. This order conflicts with state and federal law because people who are granted deferred action will, in fact, have authorized presence in the United States, and under Arizona law, people who have authorized presence are eligible to apply for Arizona state identification.

"She is perpetuating the myth that deferred-action applicants are somehow submitting fraudulent documents, and that is completely false.

"Not only is she singling out young people who are eligible for deferred action, but she also is excluding other categories of non-citizens who are authorized to be in the country, including victims of domestic violence, from obtaining state-identification while their immigration applications are being processed."

Soler told me Thursday that her office is evaluating the possibility of taking the issue to court.

"There are people who are given more long-term permission to be in the United States, green-card holders, for instance," she said, "What we have with this program -- authorized presence -- also means that they are here legally. That means that they are eligible for a driver's license.

"The expiration date on such a thing usually matches the expiration date on their status. Two years in this case. But there is a process in both state and federal law for that to happen. She (Brewer) ignored all that by issuing this order."

The Governor's Office disagrees.

"This does not represent lawful status," said Brewer's spokesman, Matt Benson. "The president doesn't have the authority to snap his fingers and grant lawful status or lawful presence to people here unlawfully. That's not possible. That would have to go through the legislative process and the usual checks and balances."

As for why the governor was so aggressive in issuing the executive order, Benson told me, "We have an existing state law that the governor has taken an oath to abide and defend, and that is what she has done with this executive order."

Or did she just want to make national news?

Again.

For that, nothing works better than a bold, spiteful action.

But the governor's decision also put the larger problem facing Dream Act kids in the national spotlight.

The "deferred action" program is, just as it implies, temporary.

Those who qualify for it deserve something better, something permanent. Maybe the attention drawn to their cause in Arizona will move that process forward.

In the meantime, now that these young, eager, educated young people can get work permits, it seems ridiculous to keep them from getting driver's licenses and limit their ability to find jobs and become productive, taxpaying members of the community where they grew up.

Instead of putting out the welcome mat, however, Brewer slammed the door in their faces.

She's gotten good at that sort of thing.

When the title of your book is "Scorpions for Breakfast," you're never short of venom.